Term & condition
Welcome to FotoCrats - For Creative Professionals.
These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://www.fotocrats.com (the “Site”) and any related services (collectively, the “Services”) provided by FotoCrats Technologies Private Limited (“Fotocrats,” “we,” “us,” or “our”). By registering for an account, accessing or using any part of the Services, you (“you” or “User”) agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue your use of the Services.
- Definitions
- “Account” means your registered profile on the Site, either as a Creative Professional or an Employer.
- “Creative Professional” means a User who creates an Account to showcase work, apply for opportunities, and receive job-related communications.
- “Employer” means a User who creates an Account to post job listings, search for talent, and engage with Creative Professionals.
- “Content” means any text, graphics, images, audio, video, files, code or other materials that you upload, submit, post or display on or through the Services.
- “Premium Features” means any subscription-based or paid enhancements (e.g., Featured Profile, Advanced Filters) that Fotocrats may offer from time to time.
- Acceptance of Terms
- By creating an Account or using the Services, you represent that you have read, understood, and agree to these Terms and our Privacy Policy.
- If you are using the Services on behalf of an entity (e.g., your employer), you represent and warrant that you have the authority to bind that entity to these Terms.
- Eligibility
- You must be at least 18 years of age to register for an Account.
- By registering, you represent and warrant that you meet this age requirement and that all information you provide is accurate and complete.
- We reserve the right to refuse or terminate Accounts at our discretion, including if we suspect that a User is underage or has provided false information.
- Account Registration & Security
- Registration: You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form.
- Credentials: You are responsible for safeguarding your username and password. You agree not to disclose your credentials to any third party and to notify us immediately of any unauthorized use.
- Verification: Fotocrats may, at its sole discretion, require additional verification of identity or business credentials before activating certain Account features.
- Scope of Services
- Profile & Portfolio: Creative Professionals may create a customized profile, upload work samples or embed external portfolios (e.g., Behance).
- Job Posting & Applications: Employers may post detailed job listings (including budget, deadlines, and deliverables), and Creative Professionals may browse and apply.
- Search & Matching: Users can search by skill, category or location; the platform may offer AI-driven recommendations to match talent with opportunities.
- Notifications: Email and in-app alerts for new job posts, application status updates, and profile completion reminders.
- Premium Features: Optional subscription plans unlock additional functionality as described on the Site.
- Fees, Payments & No Commission
- Freemium Access: Basic Services (profile creation, job search, applications) are free.
- Premium Subscriptions: Any fees for Premium Features are clearly displayed on the Site; all payments are processed in advance and are non-refundable except as required by law.
- No Commission: Fotocrats does not charge a commission on fees negotiated and paid between Creative Professionals and Employers.
- User Obligations & Prohibited Conduct
- You agree not to:
- Post or transmit any Content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable
- Use the Services to harass, threaten, or defraud other Users
- Impersonate any person or entity, or misrepresent your affiliation
- Use bots, spiders, scrapers or other automated means to access or collect data from the Services
- Solicit personal information from other Users beyond what is necessary for professional engagement
- Interfere with or disrupt the integrity or performance of the Services
- Content Ownership & License
- Your Content: You retain ownership of all Content you upload.
- License to Fotocrats: By submitting Content, you grant Fotocrats a worldwide, royalty-free, non-exclusive, sublicensable license to host, use, reproduce, modify and display such Content for purposes of operating and promoting the Services.
- License to Other Users: You grant fellow Users a limited license to view and download your publicly posted Content solely for evaluating professional qualifications and engaging in job-related communications.
- Intellectual Property Rights
- All trademarks, service marks, graphics, logos, and software on the Services are owned by Fotocrats or its licensors.
- You may not use, reproduce, distribute or create derivative works based on Fotocrats’ intellectual property without our prior written consent.
- Privacy & Data Protection
- Your personal data is handled in accordance with our Privacy Policy. By using the Services, you consent to collection and use of your information as described therein.
- Disclaimer of Warranties
- The Services are provided on an “as-is” and “as-available” basis.
- Fotocrats expressly disclaims all warranties, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of Liability
To the fullest extent permitted by applicable law, Fotocrats and its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data or goodwill arising from or relating to:
- Your use or inability to use the Services;
- Any Content posted by Users
- Any unauthorized access to or alteration of your data.
- Indemnification
You agree to indemnify, defend and hold harmless Fotocrats and its affiliates, and their officers, directors, employees and agents, from any claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees) arising out of or relating to:
- Your breach of these Terms
- Your use of the Services
- Your Content
- Your violation of any law or the rights of a third party.
- Termination & Suspension
- By You: You may deactivate your Account at any time via your account settings.
- By Fotocrats: We may suspend or terminate your Account, in whole or in part, for breach of these Terms, suspected fraud, or inactivity.
- Effect of Termination: All rights granted to you under these Terms immediately cease. Surviving provisions include Sections 8 (Content Ownership & License), 9 (Intellectual Property), 11 (Disclaimer), 12 (Liability), 13 (Indemnification) and 16 (Governing Law).
- Modifications to Terms
We may revise these Terms from time to time. If we make material changes, we will notify you via email or by posting a notice on the Site at least 30 days before the changes take effect. Your continued use after the effective date constitutes acceptance of the updated Terms.
- Governing Law & Dispute Resolution
These Terms and any dispute arising out of or relating to them will be governed by the laws of India. You agree to submit to the exclusive jurisdiction of the courts in New Delhi for resolution of any disputes.
- Contact Information
If you have any questions or concerns regarding these Terms, please contact us: Email: support@fotocrats.com